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Online Divorce in Illinois
For those seeking an inexpensive divorce in the state of Illinois, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Illinois.
Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and without stress. Even though Illinois has unique divorce forms and filing requirements, our online system provides the exact forms necessary along with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.
Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents for divorce online in Illinois is fast becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home, or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.
The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Illinois with the Onlinedivorce.com system can be a simple solution to a difficult situation.
Filing:
When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse.
Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court. In Illinois, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident but a defendant is, the documents should be filed in the county where the defendant resides.
The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.
After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.
Residency:
Every state has specific requirements where divorcing couples must establish residency before filing for divorce. Illinois is no exception.
To file for divorce in Illinois, the spouse that is filing must have been a resident of the state for a minimum of at least 90 days prior to filing for divorce. The dissolution of marriage can be filed in the county where either spouse lives. [750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 104 and 401]
There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and current Illinois driver’s license, ID card or voter’s registration card. If this is not the case, it may be possible to establish residency by having someone who knows you or your spouse testify that you have lived in the state for at least 90 days. Additionally, it may be possible to use an Affidavit of Corroborating Witness form as proof you’ve lived in the state for a minimum of 90 days.
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Our tools have helped over 500,000 people get quick and stress-free divorce while saving money in the process.
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Easy to follow online process
Our intelligent questionnaire gives you specific instruction for your situation.
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Up-to-date forms and instructions for your specific court to ensure success.
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We can handle court filings and serving your spouse.
Wraparound support
Additional support services to help you navigate divorce — help with kids, the house, financial matters and more.
Life after divorce
Expert-guided post-divorce support to help you happily move on with your life.
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We can connect you with licensed attorneys in your state to answer questions about your case.
Check if you qualify for an online divorce in Illinois
Get your ready-to-file Illinois divorce paperwork
Valid grounds to get divorce in Illinois
Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of Illinois. Grounds are merely the reason for divorce, and the state must approve them.
No-fault ground for divorce in Illinois:
Irreconcilable differences have caused the irretrievable breakdown of the marriage. In addition, reconciliation has failed, and further attempts at reconciliation would be impractical.
If the spouses have lived separately for at least six consecutive months before the divorce, the “irreconcilable differences” requirement is considered to be met. [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401]
Spouses can’t cite fault-based reasons for divorce in Illinois. It means that the following misconduct types will not be considered by the court when granting a divorce:
Impotence which was not disclosed prior to marriage;
Adultery;
Habitual drunkenness for a period of two years or more and/or drug addiction;
Conviction of a serious felony;
Willful desertion (abandonment) for at least one year;
Cruel or inhuman treatment;
Attempted poisoning or otherwise trying to take the life of the other spouse;
Infection of the spouse with a communicable disease; and
Bigamy (being married to more than one spouse at a time.)
However, all of the above, as well as other misbehavior, can become a factor to consider by the judge when deciding on child custody and visitation issues. Moreover, the evidence must be provided to the court.
OnlineDivorce reviews
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Custody of the child in Illinois
Sole or joint legal custody can be awarded in Illinois divorce cases based upon what would be in the best interests of the child or children as well as the following factors:
Wishes of the child assuming the child is of sufficient age and maturity;
The desires of the parents;
The child’s feelings towards his or her home, educational environment, and community;
The overall health of all individuals involved;
The relationship of the child with each parent and other family members;
Any history of domestic violence by a parent; and
The willingness of parents to encourage a relationship between the child and the other parent.
Marital misconduct is not considered unless it would somehow interfere with the child’s relationship with the parent. It is presumed that maximum involvement and cooperation of both parents would be in the best interests of most children. However, this doesn’t mean that joint custody is always in the best interests of every child.
For joint custody to be awarded, the court should also consider:
The ability of the parents to cooperate effectively and consistently;
The residential circumstances of each parent; and
Other relevant factors.
The parents will prepare a Joint Parenting Agreement (which can be part of a Marital Settlement Agreement) to specify each parent’s rights and responsibilities for:
Care of the child and
Significant educational, health care, and religious training decisions.
The Joint Parenting Agreement should also include provisions specifying mediation of problems and periodic review of the terms of the Agreement. Joint parenting does not mean equal parenting time in all cases.
The physical residence for the child will be determined by either:
An agreement between both parents or
A court order based on the factors listed above. [750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 602, 602.1, 603, and 610]
In some cases, custody can be set as a short-term solution to be revisited at a later date if the family or living situation is expected to change dramatically.
Rules for child support in Illinois
Child support is designed to ensure that the children of divorcing parents will have access to the same level of care and lifestyle as before the divorce. Child support is not meant to be punitive in nature.
Illinois has put into place specific state-mandated child support guidelines that apply in almost every case, barring exceptional circumstances.
Both parties’ gross incomes and certain child-related expenses are considered when calculating the child support obligation. In the majority of cases, child support payments continue until the child reaches eighteen years of age and can extend until the completion of their secondary education.
Either or both parents can receive an order to pay necessary child support payments. If the official guidelines are not appropriate in a particular case due to extraordinary circumstances, the following factors will be considered:
Any independent financial resources and specific needs of the child or children;
The standard of living the child would have enjoyed if the divorce had not occurred;
The physical, emotional and educational needs of the child; and
The monetary resources, needs, and debts of both parents.
The court can require support to include a health insurance premium. Support payments may be ordered to be paid to the clerk of the court. The state provides official guidelines for the amount of support that is expected.
Please note that Illinois Driver’s licenses can and will be revoked if child support obligations fall behind. [625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 505, 505.2, and 507]
Uncontested Illinois divorce with children
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Rules for spousal support in Illinois
Alimony, which is also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during the marriage after the divorce. It is often ordered if one spouse has a much higher earning power than the other--such as if one spouse had served as a homemaker during much of the marriage.
Support can be decided upon by the couple or awarded by the court in a contested marriage dissolution case. The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both.
The court may award maintenance, also known as spousal support or alimony, to either spouse for a period of time it considers just. Fault in “causing” the divorce is not a factor. The factors which may be considered are:
The time that would be necessary to acquire sufficient education and training to enable the spouse to find suitable employment;
The standard of living that was established during the marriage;
The length of the marriage;
Each side’s age, physical and emotional health state, occupation, amount and sources of income, vocational skills, employability, estate, liabilities;
Each party’s present and future earning capacity, and any impairments of such capacities;
The needs of each party;
Any existing income and property of each spouse;
Tax consequences for each side;
Whether the spouse who seeks support is unable to support themself or is unable to gain employment because he or she takes care of a child;
The contributions or service by the spouse who desires support to the education or training of the other spouse;
Any existing marital settlement agreement; and
Any other factor the court finds just. [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 504]
Property division in Illinois
When a couple chooses to divorce in Illinois, they must distribute property in a fair and agreeable manner.
Illinois is considered an “equitable distribution” state. The separate property of each spouse will be retained by the spouse who currently owns it. Among other things, this separate property consists of:
Property acquired before the marriage;
Any direct gifts or inheritances;
Property acquired after a legal separation judgment;
Property excluded by parties’ valid marital agreements;
Any increase in the value of above mentioned separate property unless there have been marital property or significant personal efforts that added to such increases; and
Any property acquired as trade or in exchange for separate property
Marital property will consist of:
All property acquired as a couple during the marriage that does not qualify as separate property;
All property that is titled to both spouses
Income or increase in the value of the separate property if the income or increase came about from personal efforts;
Separate property that is commingled with marital property and therefore cannot be clearly traced.
The marital property will be divided equitably by the court considering the following factors:
The contribution that each spouse makes to the acquisition, care, and maintenance of this marital property;
The amount of time the spouses were married;
The current age, wellness, occupation, employability, and income of the spouses;
Whether any of the spouses receive alimony;
Each spouses’ property value;
Any potential tax consequences;
Each spouses’ debts, liabilities, and needs;
The willingness to award the family home, or the right to live in it, to the spouse with physical child custody;
Any prenuptial or postnuptial agreements;
The overall economic situation of each side;
Each spouses’ obligations to prior marriages;
The opportunity of each side to acquire assets and income in the future;
The contributions of each spouse to decrease the value of family property; and
Any custodial provisions for the children. [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 503]
In some cases, the court may order payment from one spouse’s retirement benefits, personal injury award, profit-sharing benefits, or worker’s compensation to the other.
Why us?
Contested Divorce
Hourly Billing - Driving the Average Cost of Divorce to $15,000+
Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.
Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.
The premier uncontested divorce tool
Fast, affordable, and simple process using our fully-guided divorce questionnaire and filing service.
Online process to be completed at your own pace, can get documents as quickly as same day.
Receive ready-to-file forms specific to your jurisdiction and situation.
Easy online access for both spouses, free revisions for 30 days, and the ability to save your data longer term. Experienced customer support via chat and phone.
Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
Detailed instructions on how to file with the court or the option to purchase our filing service.
Mediation support in Illinois
A reconciliation conference can be requested by either spouse or ordered by the court if it is felt that reconciliation is possible. The state recommends mediation in many cases involving custody. [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 404]
For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to assure a fast, easy and affordable online divorce.
Divorce forms in Illinois
Illinois forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can streamline the process of preparing divorce documents and help both parties to move forward with their lives.
Divorce in Illinois online
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Filing fees for divorce in Illinois
When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.
How long will it take?
Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.
Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.
Frequently Asked Questions
Can I really file for divorce in Illinois without a lawyer?
In Illinois, representing yourself in divorce cases is a legit option, and do-it-yourself divorce is subject to the same laws and requirements as a legally-assisted proceeding.
Nevertheless, it should be noted that such a DIY divorce is not typically recommended for contested divorces, which are more complicated and connected with high risk. When deciding to arrange the dissolution of marriage without an attorney, one should carefully evaluate their capacities and be aware of the responsibility for the consequences of divorce.
Do-it-yourself divorce may be a suitable option for spouses who have been married for a relatively short time or for spouses who have no significant property/child custody/financial disputes with each other.
How can I file for divorce in Illinois without a lawyer?
The main stages of an uncontested divorce process in Illinois differ somewhat for the spouses depending on whether the spouses have minor children, significant assets, and whether either party seeks alimony.
Spouses with no children or real estate, who waive alimony, marital property valued less than $10,000, and income below $35,000 qualify for Simplified Dissolution. These couples can write up a settlement agreement, file for divorce jointly, as co-petitioners, and finalize a divorce in one day, making a Simplified Dissolution the fastest way to end the marriage in Illinois.
The couples who are not eligible to file for divorce jointly may apply for a regular uncontested divorce.
Thus, to file for divorce in Illinois, the spouse initiating the case (the plaintiff) shall file the divorce petition and other initial divorce forms with the Circuit Court.
One can select and complete the needed legal forms independently or resort to online services like OnlineDivorce.com, which takes on all the paperwork issues, carefully customizing the documents according to the Illinois laws and peculiarities of a specific case.
Next, the plaintiff has to make copies of the submitted forms and serve the second spouse with these copies following the rules of civil procedure.
After being served with the papers, the second party (the defendant) shall file a response with the Circuit Clerk. The spouses can then get a court date for the final court hearing. An uncontested divorce hearing is usually brief and formal. The judge has to review the spouses' Settlement Agreement and confirm that its provisions are fair and not against the Illinois law.
How much does it cost to get an uncontested divorce in Illinois?
There are a lot of factors that affect the overall cost of divorce in Illinois. Each divorce case is unique, and the spouses have broad discretion in deciding how to arrange the process and manage expenses.
Usually, the more amicably the spouses can resolve their disputes, the more affordable the divorce is. The thing is, attorneys' fees arising out of litigation often make up the lion's share of divorce costs.
If the spouses file for an uncontested divorce and decide on property or custody matters out-of-court, they may use the help of mediators, counselors, appraisers, or other specialists. Thus, the parties can handle a specific aspect of their divorce case using third-party assistance instead of paying hourly fees to the attorneys.
Besides, the couples may take advantage of OnlineDivorce.com services in Illinois to complete the required legal paperwork at a reasonable price and within only two days.
How long do you have to live in Illinois to file for divorce?
All couples must meet the state's residency requirements to have the right to file for divorce in Illinois. The spouses have to file for divorce in the county where they currently live, not where the marriage occurred.
Following the Illinois Compiled Statutes, the court may enter a judgment of dissolution of marriage if either spouse has been a resident of the state for at least ninety days before filing for divorce.
How long do you have to respond to divorce papers in Illinois?
Once the defendant is served with the copies of divorce papers, they have thirty days to file a response.
Filing the response allows the defendant to disagree with any provisions included in the petition or express their claims and preferences.
Spouses who file for the simplified dissolution of marriage avoid the service of process and this waiting period, respectively.
How do you get a free divorce in Illinois?
In theory, the overall cost of divorce can be limited to only paying court filing fees (about $290 in Illinois).
Court filing fees are mandatory for all plaintiffs except those qualified for a fee waiver due to financial hardship.
If the plaintiff cannot afford to pay the fee, they can ask the court to file for free by completing the Application for Waiver of Court Fees form.
What papers do I need to file for a divorce in Illinois?
The initial divorce forms required to start a divorce in Illinois are the Petition for Dissolution of Marriage/Civil Union or Joint Petition for Simplified Dissolution of Marriage and Verification of Simplified Dissolution of Marriage, the Summons.
Other commonly-used forms in uncontested divorce cases may include: Entry of Appearance, Judgment of Dissolution (Children/ No Children), Marital Settlement Agreement, Notice to Withhold Income for Child Support, Uniform Order for Support, Parenting Plan, Qualified Domestic Relations Order (QDRO).
Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
Sample Documents by State
Please note that your final forms, documents and
filings may be different depending on your state.
Coming soon! If you want to have a look at sample forms for your state and
you cannot find them here, please just give us a call or send us an email.
At OnlineDivorce, we care about our customers and stand by the quality of our services -
so we’ll refund our fees, other than the activation fee, within the first 30 days of purchase
if you're unhappy with our services. Call or email us and we'll process your refund.
What it doesn't cover:
We provide significant services beyond the generation of your forms. Answers to common questions,
filing instructions, and customer care provided during the process of using our site are just some
of the valuable services we provide. For this reason, we unfortunately cannot grant a refund in
cases where a customer has accessed our post-purchase services, including our post-purchase
questionnaires, forms, instructions, and customer care center, unless there’s a flaw in our
underlying documents. If you have not accessed our post-purchase services, however, you can
request a refund within 30 days of purchase.
In addition, we cannot guarantee that a customer's spouse will sign the documents and cannot provide
a refund where the spouse refuses. We cannot provide refunds for fees we collect on behalf of others
that we cannot get back. For example, if you purchase the electronic filing of your documents, complete
the documents, and we pay to file with a court, the court will not refund those fees to us and we cannot
refund them to you. Similarly, if you purchase a package with prepaid shipping labels, we cannot obtain
a refund for those labels. Finally, fees paid directly to lawyers or for mediation services are not covered
by this guarantee.
